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(영문) 서울서부지방법원 2016.06.24 2016고단737
공무집행방해
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 8, 2016, around 23:25, the Defendant was required to enter the “C” police station located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to request the police officer E belonging to the Seoul Seodaemun-gu Seoul Seodaemun-gu Police Station that the suspect was under the influence of alcohol and was dispatched after receiving a report 112 that the suspect was entering the said building.

The age of 40 shall be 40.

In this regard, the breath of this dog, etc. was used as the breath, etc., and assaulted by hand, such as cutting the breath of the balth of the above E, and shakeing.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act with regard to a provisional payment order does not part of memory under the influence of alcohol at the time of committing the instant crime.

The records of this case show that the defendant had drinking alcohol at the time of the crime, but it does not seem that the defendant had no or weak ability to discern things or make decisions. Thus, the defendant's above assertion cannot be accepted.

Reasons for sentencing

1. Unfavorable circumstances: The crime of this case was committed by a police officer in uniform, and the crime of this case was committed in bad character;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, environment, motive for committing an offense, and circumstances after committing an offense, such as the fact that the court recognizes the error, the fact that there is no previous conviction for the same kind of offense, and the relevant public official who has obstructed the performance

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